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April 15, 2024Robins Kaplan Named to 2024 BTI Client Service A-Team
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April 9, 2024Robins Kaplan LLP Files Complaint Against Social Media Giants Meta, Snap, TikTok on Behalf of Spirit Lake Nation, Menominee Indian Tribe of Wisconsin
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April 8, 2024Tara Sutton, Emily Tremblay Shortlisted for Euromoney’s Women in Business Law Awards
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April 24, 2024IP Leadership Executive Summit
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April 24, 2024IP Odyssey: Navigating the Latest Developments in Intellectual Property Law
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April 30, 2024Navigating Generational Dynamics
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March 2024e-Commerce: Pitfalls and Protections
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March 22, 2024‘In re Cellect’:
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March 14, 2024How Many Cases Have You Tried to a Verdict?
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September 16, 2022Uber Company Systems Compromised by Widespread Cyber Hack
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September 15, 2022US Averts Rail Workers Strike With Last-Minute Tentative Deal
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September 14, 2022Hotter-Than-Expected August Inflation Prompts Massive Wall Street Selloff
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Derrick J. Carman
Derrick J. Carman
Partner
Experience
Derrick Carman helps large and small clients assert their intellectual property rights and defend against allegations of intellectual property infringement. He focuses on patent litigation, representing clients in Federal Courts, the United States Patent and Trademark Office, and the International Trade Commission. Mr. Carman helps clients manage the complicated strategic considerations involved in navigating the IP litigation landscape.
Mr. Carman also works with patent owners to develop patent portfolio monetization strategies, including licensing and litigation strategies. He has experience with a broad range of technologies, including battery technology, medical devices, projector systems, e-commerce platforms, luggage, computer graphics software, and computer memory systems.
Prior to becoming an IP litigator, Mr. Carman prepared and prosecuted patent applications in-house and in private practice. Mr. Carman’s background in patent prosecution combined with his experience in a variety of litigation forums provides a unique insight into the operations of IP law.
U.S. Court of Appeals
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Represented former employee of the Department of the Interior in appeal from the Merit Systems Protection Board following her termination. The Court of Appeals for the Federal Circuit vacated and remanded finding that the MSPB failed to conduct the requisite analysis as to the reasonableness of the termination under the Douglas factors. Moreno v. Dep’t of the Interior, Appeal No. 2020-1507 (Fed. Cir. 2021).
U.S. District Court
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Represented biological sciences R&D company in defense of claims for patent infringement. Case settled on favorable terms prior to trial. Kyowa Hakko Kirin Co., Ltd. v. Aragen Bioscience, Inc., NDCA-3-16-cv-05993.
Represented emergency response software in defense of claims for patent infringement. Case was voluntarily dismissed following filing of a motion to dismiss. 911 Notify, LLC v. MobileTREC Corporation, DDE-1-15-cv-00582 (prior to joining Robins Kaplan).
U.S. Patent and Trademark Office
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Represented Patent Owner in response to ten petitions for inter partes review of patents related to peripheral bus design. The Patent Trial and Appeal Board denied all ten petitions. IPR2021-00604; IPR2021-00605; IPR2021-00606; IPR2021-00607; IPR2021-00608; IPR2021-00666; IPR2021-00667; IPR2021-00668; IPR2021-00669; IPR2021-00670.
Represented Patent Owner in response to four petitions for inter partes review of patents related to cellular communications. The Patent Trial and Appeal Board denied institution of all four petitions. IPR2018-01474; IPR2018-01478; IPR2018-01556; IPR2018-01557.
U.S. International Trade Commission
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Trial Counsel for owner of cellular communications patent portfolio including an 8-day patent infringement trial before the International Trade Commission. Certain 3G- and LTE-compliant Cellular Communication Devices and Components Thereof, Inv. No. 337-TA-1138.
Represented subpoenaed third party in multiple International Trade Commission Investigation concerning lithium-ion battery separators. Certain Batteries and Electrochemical Devices Containing Composite Separators, Components Thereof and Products Containing Same, Inv. No. 337-TA-1087; Certain Lithium-Ion Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing the Same, Inv. No. 337-TA-1181.
Represented subpoenaed third party in International Trade Commission Investigation concerning smart thermostats and HVAC systems. Certain Smart Thermostats, Smart HVAC Systems, and Components Thereof, Inv. No. 337-TA-1185.
- Listed in The Best Lawyers in America: Ones to Watch (2021-2024 editions)
- Named a “New York Rising Star,” by Super Lawyers (2023)
Bar Admissions
- Colorado
- New York
- U.S. Patent and Trademark Office
Education
- Syracuse University College of Law, J.D. (2013), cum laude, Justinian Honorary Society; Syracuse Law Review, Computer Editor (2012-2013)
- Denison University, B.S. in Physics (2010)
Professional Associations
- American Intellectual Property Law Association
- Colorado Bar Association
- New York Intellectual Property Law Association
- New York State Bar Association
Ethics Check-In: USPTO Insight and Practical Implications of AI
Panelist, Connecticut Bar Association Intellectual Property Section, Hartford, CT (December 12, 2023)
Panelist, Connecticut Bar Association Intellectual Property Section, Hartford, CT (December 12, 2023)
December 12, 2023
Ethics Check-In! – USPTO Insight and Practical Implications of AI
William Manske, Derrick Carman - Connecticut Bar Association
Hartford, CT
December 6, 2017
RESOURCES
Links to full publications and news releases.
PUBLICATIONS
March 22, 2024
‘In re Cellect’:
Derrick Carman - New York Law Journal
July 7, 2023
PTAB Overruled: A New Analysis For Real Party In Interest
Derrick Carman - Law360
August 25, 2022
Beware Arguments Based On Implicit Claim Constructions
Derrick Carman - Law360
NEWS
September 22, 2023
August 17, 2023
December 6, 2022
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